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BULLET St. Louis City Revised Code Chapter 8.78 Public Photographic Studios

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.78
Public Photographic Studios

Sections:

8.78.010 Definitions.
8.78.020 License--Required.
8.78.030 License--Application--Contents--Neighborhood consent petition.
8.78.040 License--Application--Fee.
8.78.050 License--Application--Referral to other departments.
8.78.060 License--Fees.
8.78.070 License--Effect of sale or transfer of studio.
8.78.080 License--Issuance.
8.78.090 Corporate licensee--Register--Reporting changes.
8.78.100 Corporate licensee--Exemptions.
8.78.110 Employee license--Required.
8.78.120 Employee license--Application--Contents.
8.78.130 Employee license--Application--Fee.
8.78.140 Employee license--Issuance.
8.78.150 Licenses--Application--Verification.
8.78.160 Licenses--Application--Hearing.
8.78.170 Licenses--Issuance--Denial.
8.78.180 Licenses--Change of name or location.
8.78.190 Licenses--Display.
8.78.200 Licenses--Revocation or suspension.
8.78.210 Licenses--Transfer.
8.78.220 Inspection.
8.78.230 Employment of minors.
8.78.240 Prohibited acts.
8.78.250 Solicitation of trade.
8.78.260 Lighting.
8.78.270 Booths and cubicles.
8.78.280 Entertainers.
8.78.290 Signs--Contents--Words.
8.78.300 Signs--Contents--Pictures.
8.78.310 Visibility of entertainment.
8.78.320 Advertising.
8.78.330 Counseling or assisting in violations.
8.78.340 Exemptions--Public agencies defined in Section 8.78.010A.
8.78.350 Exemptions--Schools and theaters.
8.78.360 Time limit for applications.
8.78.370 Penalty for violation.

For photographers, see Ch. 8.74

8.78.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Bona fide nonprofit clubs or organizations" means any fraternal, charitable, religious or benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of the organization and which organization or agency is exempt from taxation under the internal revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.

B. "Employee" means any and all persons who render any service whatsoever to the patrons or customers of a public photography studio and who receive compensation for such service.

C. "Entertainer" means any person who performs any act enumerated in this section for any compensation whatsoever.

D. "Entertainment" means any act, play, review, pantomime, scene, dance act, song, song and dance act, poetry recitation, reading, style show or modeling for photographing or graphic reproduction by any means whatsoever within a public photography studio as defined in this section.

E. "Operator" means any person operating a public photography studio, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.

F. "Person" means an individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the state of California, and any political subdivision of either thereof.

G. "Public photography studio" means an establishment to which patrons or members are invited or allowed to photograph or purportedly photograph or graphically reproduce in any manner persons or models.

H. "Theater" means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is or may be placed and upon which theatrical or vaudeville or similar performances are given, with permanently affixed seats so arranged in proximity to the stage that a body of spectators may have an unobstructed view of the stage, the primary function of which is to serve as the locale of performances.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.010.)

8.78.020 License--Required.

It shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in any premises in the city, the operation of a public photography studio, without first obtaining a license from the license collector which license has been authorized for issuance by the board of public service.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.020.)

8.78.030 License--Application--Contents--Neighborhood consent petition.

The application for a license to operate a public photography studio shall set forth the proposed place of business and facilities therefor and the name and address of each applicant.

In addition to the foregoing, any applicant for a license shall furnish the following information:

A. The two previous addresses immediately prior to the present address of the applicant;

B. Written proof that the applicant is at least eighteen years of age;

C. Applicant's height, weight, color of eyes and hair;

D. Two portrait photographs at least two inches by two inches;

E. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

F. All criminal convictions except minor traffic violations;

G. Other identification and information necessary to discover the truth and the matters hereinbefore specified as required to be set forth in the application;

H. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply.

I. Nothing contained in this section shall be construed to deny to the board of public service the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the board of public service to confirm the height and weight of the applicant.

J. In addition to the application, the applicant for a public photography studio shall also file in the board of public service a written petition in favor of the issuance of the license, signed by a majority of the persons, if any, occupying premises or conducting any business on the main or surface floor or within the prescribed petition circle drawn by a radius of three hundred feet plus one-half of the width of the front of the premises, from the center of the premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.060.)

8.78.040 License--Application--Fee.

Every applicant desiring a license to maintain, operate or conduct a public photography studio shall file an application with the board of public service upon a form provided by the board of public service, and pay a filing fee of ten dollars which shall not be refundable.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.040.)

8.78.050 License--Application--Referral to other departments.

The board of public service, upon receiving an application for a public photography studio license, shall refer the application to the building department, the fire department, and the city planning department, which departments shall inspect the premises proposed to be operated as a public photography studio and shall make written recommendations to the board of public service concerning compliance with the codes that they administer.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.120.)

8.78.060 License--Fees.

Every licensee who conducts or assists in conducting or permitting any public photography studio as defined herein shall pay to the license collector a license fee of twenty-five dollars annually payable in advance. The license fee prescribed in this section is due and payable on a calendar year basis starting forty-five days after November 26, 1974, prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after January 1, 1975 or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.200.)

8.78.070 License--Effect of sale or transfer of studio.

Upon sale, transfer or relocation of a public photography studio, the license therefor shall be null and void unless approved as provided in Section 8.78.250; provided, however, that upon the death or incapacity of the licensee the public photography studio may continue in business for a reasonable period of time to allow for an orderly transfer of the license.

If the licensee is a corporation, a transfer of twenty-five percent of the stock ownership of the licensee will be deemed to be a sale or transfer and the license therefor shall be null and void unless approved as provided in Section 8.78.250; provided, however, that the provision shall not apply to a licensee corporation, the stock of which is listed on a stock the Security Exchange Commission unless approved as provided in Section 8.78.250.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.180.)

8.78.080 License--Issuance.

The board of public service may authorize the license collector to issue a license within fourteen days following a hearing if all requirements for a public photography studio described in this chapter are met and the license collector may issue a license to all persons who apply to perform public photography studio services unless the board of public service finds:

A. The operation as proposed by the applicant if permitted would not have complied with all applicable laws, including but not limited to the building, zoning, housing and fire codes of the city;

B. The applicant and any other person who will be directly engaged in the management and operation of a public photography studio has been convicted of any of the following offenses or convicted of an offense without the state that would have constituted any of the following offenses if committed within the state:

1. An offense involving the use of force and violence upon the person of another that amounts to a felony,

2. An offense involving sexual misconduct with children,

3. Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.

The board of public service may refuse to authorize issuance of any license if it shall appear that the character of the business is not a proper or suitable place in which to conduct or maintain the business or calling or the applicant requesting the license does not warrant the issuance thereof.

The board of public service may authorize issuance of a license to any person convicted of any of the crimes described in subsection B.1. if they find the conviction occurred at least three years prior to the date of the application and the applicant has had no subsequent such convictions.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.130.)

8.78.090 Corporate licensee--Register--Reporting changes.

Any corporation holding a license under this chapter shall maintain a stock register at the principal office of the corporation in St. Louis and the stock register shall be available to the board of public service for inspection.

The corporation shall report to the board in writing any of the following:

A. Issuance or transfer of any shares of stock to any person where the issuance or transfer results in the person owning ten percent or more of the corporate stock;

B. Change in any of the corporate officers which are required by state law;

C. Change of the members of the board of directors.

The report shall be filed with the board of public service within thirty days after the issuance or transfer of corporate stock, change in corporate officers, or change in members of the board of directors, as the case may be.

The provisions of this section shall not apply to any of the following:

A. A corporation, the stock of which is listed on a stock exchange in the City of New York, State of New York;

B. A bank, trust company, financial institution or title company to which a license is issued in a fiduciary capacity;

C. A corporation which is required by the law to file periodic reports with the Securities and Exchange Commission.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.090.)

8.78.100 Corporate licensee--Exemptions.

The provisions of Section 8.78.030 A through F relating to requirements for corporate applicants shall not apply to any of the following:

A. A corporation, the stock of which is listed on a stock exchange in the city of New York, State of New York;

B. A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity;

C. A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.080.)

8.78.110 Employee license--Required.

It shall be unlawful for any person, as defined in Section 8.78.010B. to perform any service for a customer of a public photography studio without first securing a license from the license collector which license has been authorized for issuance by the board of public service.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.030.)

8.78.120 Employee license--Application--Contents.

The employee of a public photography studio filing for a license shall furnish the following information:

A. Name;

B. Residence address;

C. Public photography studio in which the employee is currently working;

D. Two previous addresses immediately prior to the present address of the applicant;

E. Applicant's weight, height, color of eyes and hair;

F. Written proof that applicant is at least eighteen years of age;

G. Two portrait photographs at least two inches by two inches;

H. Previous employment of the applicant for three years immediately preceding the date of application;

I. All criminal convictions except minor traffic violations;

J. Other identification and information necessary to discover the truth of the matters specified in this section;

K. Nothing contained in this section shall deny the board of public service the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained in this section deny the right of the board of public service to confirm the height and weight of the applicant.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.070.)

8.78.130 Employee license--Application--Fee.

Every applicant for an employee license for a public photography studio shall file an application with the board of public service on a form provided by the board of public service and pay a filing fee of ten dollars which shall not be refundable.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.050.)

8.78.140 Employee license--Issuance.

The board of public service may authorize the license collector to issue a license within fourteen days following a hearing unless they find that the applicant has been convicted of any of the following offenses or if convicted of an offense without the state that would have constituted any of the following offenses if committed within the state:

A. A felony not involving sexual misconduct with children, obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering;

B. An offense involving sexual misconduct with children;

C. Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.

The board of public service may authorize issuance of a license to any person convicted of any of the crimes enumerated in subsection A. if they find the conviction occurred at least three years prior to the date of the application and the applicant has had no subsequent such convictions.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.140.)

8.78.150 Licenses--Application--Verification.

Every application for a license under this chapter shall be verified as provided in the Missouri Rules of Civil Procedure for the verification of pleadings.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.100.)

8.78.160 Licenses--Application--Hearing.

When an application is filed for a license under this chapter, the board of public service shall fix a time and place for a public hearing thereon. Not less than ten days before the date of the hearing, the board of public service shall cause to be posted a notice of the hearing in a conspicuous place on the property in which or on which the proposed public photography studio is to be operated. The posting of notice shall be carried out by the board of public service, and the applicant shall maintain the notice as posted for the required number of days.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.110.)

8.78.170 Licenses--Issuance--Denial.

Upon notification from the board of public service that a license for a public photography studio or a license for an employee of a public photography studio is authorized to be issued to any person, corporation, or other legal entity, the license collector may issue said license. The annual license fee for a license for a public photography studio shall be twenty-five dollars. The annual license fee for a license for an employee of a public photography studio shall be ten dollars. In the event of denial, notification and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of certified mail or hand delivery. An appeal may be taken by any aggrieved party to the circuit court of the city. The circuit court of the city shall follow the procedure for judicial review of administrative determinations not requiring a hearing under Section 536.150 R.S.Mo. A licensee under this chapter may obtain an annual renewal of his license from the license collector without further application to or action by the board of public service. However, the applicant for renewal shall annually file with the license collector, before receiving the renewed license, a signed statement of the licensee that there has been no change in the information as provided in the licensee's original application with the board of public service. If, however, a change has occurred, the applicant for a renewal license must state the changes in a new application to the board of public service. A majority of the board may approve the application for renewal without the appearance of the licensee before the board; provided, however, that the board may require the licensee to appear before it and to furnish additional information it deems necessary.

Whenever a majority of the board of public service for good cause refuses to renew a license, it shall notify the licensee of its decision and the reason therefor and shall further inform the licensee that he is entitled to a formal hearing before the board concerning the renewal. The licensee must file a request for a formal hearing within fourteen days after the date of the board's refusal to renew. Thereafter, the board's refusal to renew shall be final and nonappealable. After a formal hearing, a majority of the board may affirm or modify its decision as it deems necessary.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.150.)

8.78.180 Licenses--Change of name or location.

No person granted a license pursuant to this chapter shall operate under any name or conduct his business under any designation for any location not specified in his license.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.170.)

8.78.190 Licenses--Display.

Every person to whom or for whom a license shall have been granted pursuant to the provisions of this chapter shall display said license in a conspicuous place within the public photography studio so that the same may be readily seen by persons entering the premises.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.180.)

8.78.200 Licenses--Revocation or suspension.

Any license issued for a public photography studio or an employee of a public photography studio may be revoked or suspended by the board of public service, after a public hearing before the board of public service, where it is found that any of the provisions of this chapter are violated or where the licensee or any employee of the licensee, has been convicted of any offense found in Section 8.78.140 A through C, or where the establishment is proven to be in violation of any state statute or of any provision of this code, relating to the health department or health regulations.

The board of public service, before revoking or suspending any employee license, shall give the employee at least ten days written notice of the examination into his conviction record and the opportunity for a public hearing before the board of public service, at which hearing the board of public service shall determine the relevant facts regarding the occurrence of the conviction.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.160.)

8.78.210 Licenses--Transfer.

No license shall be transferable except with the written consent of the board of public service. An application for a transfer shall be in writing and shall be accompanied by a filing fee of ten dollars. The written application for a transfer shall contain the same information as requested herein for initial application for a license.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.210.)

8.78.220 Inspection.

The board of public service shall from time to time and at least twice a year, make an inspection of each public photography studio in the city for the purposes of determining that the provisions of this chapter are complied with.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.190.)

8.78.230 Employment of minors.

It shall be unlawful for any owner, proprietor, manager or other person in charge of any public photography studio to employ any person who is not at least eighteen years of age.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.170.)

8.78.240 Prohibited acts.

Every person is guilty of a misdemeanor who, while acting as an entertainer in a public photography studio as defined in this chapter:

A. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

B. Exposes or employs any device, costume or cover which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

C. Exposes any portion of the female breast at or below the areola thereof.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.220.)

8.78.250 Solicitation of trade.

No operator or employee of a public photography studio shall permit or allow or cause any person or employee to solicit trade on the public sidewalk at or near the entrance to the public photography studio or shall engage in such activity.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.230.)

8.78.260 Lighting.

Every public photography studio shall be lighted throughout to an intensity of at least twelve foot candles during all hours of operation.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.240.)

8.78.270 Booths and cubicles.

It shall be unlawful for any operator of a public photography studio to maintain or construct any booth, cubicle, room or rooms, compartment or stall that is so arranged that the entire interior portion of same is not visible from the exterior of the booth, cubicle, room or rooms, compartment or stall. No booth, cubicle, room, compartment or stall shall be so maintained or constructed so that the entrance to same may be blocked by a door or curtain or similar device.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.250.)

8.78.280 Entertainers.

A person shall be deemed to be an entertainer if the person acts in that capacity without regard to whether or not the person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.260.)

8.78.290 Signs--Contents--Words.

No sign or signs which, in whole or in part, advertise any public photography studio and which sign or signs use the words "nude," "topless," "bottomless," "naked," or words of like import, shall be maintained, erected, used or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings and premises, the purpose of which sign is intended to attract, lure or entice customers.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.270.)

8.78.300 Signs--Contents--Pictures.

No sign or signs, paintings, photographs, pictorial representations, or any other visual means shall be maintained, erected, used or placed upon or adjacent to the outside of any building, or in connection with any premises therein, if it shows, reveals or depicts, in whole or in part, the following:

A. The actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, or any other genitalia of the human body;

B. Any portion of the nude female breast below the top of the areola.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.280.)

8.78.310 Visibility of entertainment.

No operator of a public photography studio shall permit or cause to be permitted or allow any entertainment as defined in this chapter in such a manner that the entertainment would be visible at any time from the street, sidewalk or highway.
(Ord. 56858 1 (part), 1974: 1960 C. 725A. 290.)

8.78.320 Advertising.

No operator of a public photography studio shall place or cause to be placed or distribute or cause to be distributed any advertising brochures, pamphlets, handbills, posters, announcements, or the like, that depict the human form or portions thereof, or contain wording in a manner that such depictions of the human form or portions thereof or words would violate Section 8.78.240 if the pictorial representation were on a sign upon or adjacent to a public photography studio.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.300.)

8.78.330 Counseling or assisting in violations.

Every person is guilty of a misdemeanor who permits, counsels or assists any person to violate any provision of this chapter.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.310.)

8.78.340 Exemptions--Public agencies defined in Section 8.78. 010A.

The provisions of Section 8.78.020 relating to requirement for a license shall not apply to a public photography studio operated by any public agency or by any educational or social agency, or any bona fide charitable organization as defined in Section 8.78.010A.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.320.)

8.78.350 Exemptions--Schools and theaters.

This chapter shall not apply to any of the following:

A. A school or institution approved by the City Board of Education or a state board of education acting pursuant to Missouri statutes;

B. A theater, concert hall or similar establishment which is primarily devoted to theatrical performances;

C. Any act authorized or prohibited by state statute.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.330.)

8.78.360 Time limit for applications.

All persons who possess any outstanding license heretofore issued before November 26, 1974 as either the operator of a public photography studio must file for a license within six months of November 26, 1974.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.350.)

8.78.370 Penalty for violation.

Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or acting as a participant or worker in any way, of a public photography studio without first obtaining a license and paying a license fee to do so from the City or shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction the person shall be punished by a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed ninety days or by both fine and imprisonment.
(Ord. 56858 1 (part), 1974: 1960 C. 725A.340.)

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